Flatoff trial: Defendant calls police version of shooting 'a fantasy'

Brian T. Flatoff is representing himself as he faces 14 felony charges, including felony murder for causing the death of Michael L. Funk while committing a crime in 2015. He is accused of taking hostages at gunpoint at Eagle Nation Cycles in Neenah,
Joe Sienkiewicz/USA TODAY NETWORK-Wisconsin

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Brian T. Flatoff, left, sits with public defender Ben Szilagyi during the attempted homicide and felony murder trial in Winnebago County Circuit Court. Szilagyi had been present as a court-ordered standby counsel. On Thursday, the judge ordered him to begin serving as Flatoff's attorney for the remainder of the trial.(Photo: Joe Sienkiewicz/USA TODAY NETWORK-Wisconsin)Buy Photo

Flatoff, who is acting as his own attorney, said he will use his trial to expose police corruption. He promised to open jurors' eyes "to shocking truths."

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Brian T. Flatoff is representing himself as he faces 14 felony charges, including felony murder for causing the death of Michael L. Funk while committing a crime in 2015. He is accused of taking hostages at gunpoint at Eagle Nation Cycles in Neenah.
Joe Sienkiewicz/USA TODAY NETWORK-Wisconsin

"The state cannot prove these charges on the evidence it had, so they edited it," Flatoff said in his opening statement to the jury. "They lied and destroyed what they didn't want you to see."

Flatoff, 48, is accused of taking hostages at gunpoint and shooting at police officers during the Dec. 5, 2015, standoff at Eagle Nation Cycles. The incident led to the police shooting death of hostage Michael L. Funk.

Deputy District Attorney Scott Ceman told the jury that Flatoff, in a statement to investigators, admitted he "(expletive) snapped" when he went to Eagle Nation Cycles in attempt to get a motorcycle back from a former friend, Vance Dalton.

Ceman said Flatoff armed himself with a 9-mm pistol and two daggers and planned to kill Dalton.

“He stated at one point he could fillet Vance Dalton,” Ceman said. “He stated he intended to cut his throat. He made it quite clear that he went there with the intent to kill him.”

Had it not been for Flatoff's actions, Ceman said, "Michael Funk would not have been gunned down.”

Funk was shot and killed without warning by Neenah police officers Craig Hoffer and Robert Ross after he escaped from Eagle Nation Cycles, where he and two others were being held hostage.

The Wisconsin Department of Justice determined that Hoffer and Ross mistakenly, but reasonably, thought Funk was the armed hostage-taker and an imminent threat and therefore weren't criminally responsible for killing him.

Flatoff faces 14 felony charges, including attempted homicide for allegedly shooting at police and felony murder for allegedly causing Funk's death while committing a crime. The charges carry a maximum penalty of 296½ years in prison.

Flatoff pleaded not guilty and not guilty by reason of mental disease or defect to all of the charges.

A jury of 10 men and four women was selected to hear the case. Two of them will be designated as alternates before the case goes to the jury for a decision. Judge John Jorgensen is presiding over the case.

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Vance Dalton(Photo: Danny Damiani/USA TODAY NETWORK-Wisconsin)

Dalton was one of three witnesses who testified Monday. He said he bought a Harley-Davidson motorcycle from Flatoff for $4,500, paying $3,000 to bail Flatoff out of jail and giving him $1,500 in cash.

At some point later, Flatoff wanted the motorcycle back, Dalton said, and Flatoff began threatening him and his family.

Dalton warned authorities about Flatoff hurting someone in the weeks leading up to the shooting at Eagle Nation Cycles.

Another witness, Gerald Ehlke, testified he talked to Flatoff by phone while Flatoff was holding hostages at the motorcycle shop.

"He said he wasn't going to be taken alive, that there would be a lot of people getting killed," Ehlke said.

During his opening statement, Flatoff sought to blame police for Funk's death. He told the jury that Funk had a $50 million lawsuit against Neenah police when he was shot.

He said police bragged about the killing.

"After all of that, they received trophies for their kill on Mr. Funk's birthday," Flatoff said.

During a hearing before the trial started, Flatoff sought approval to subpoena 67 witnesses for his defense. Jorgensen denied 20 of them because of redundancy or a lack of relevance.

Due to the lateness of the subpoenas, Jorgensen warned Flatoff that all of the witnesses might not be available for the trial.

Flatoff said he plans to take the stand in his defense.

Last week, Flatoff asked for a change of venue and for the suppression of "all of the evidence in this case based on the way it was collected." He said Neenah police had a conflict of interest and shouldn't have been involved in the investigation.

Jorgensen denied both requests.

Because of security concerns, Flatoff is being required to wear a stun belt during the trial. A stun belt is a remote-controlled device that can discharge debilitating electric shocks in the event the wearer becomes unruly.

Flatoff also must present his case while seated at the defense table, with the exception of his opening statement and closing argument. Bailiffs will deliver his exhibits to the court and witnesses.

"So not to call attention to this special procedure, Mr. Ceman will follow the same procedure, except he may deliver his own exhibits," Jorgensen said in a court order.

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Eva Lawson Krtanski gives testimony in the mental competency phase of the trial of Brian T. Flatoff in Winnebago County Court on Monday, March 12, 2018, in Oshkosh, Wis. He was convicted of 14 felony charges, including felony murder for causing the death of Michael L. Funk while committing a crime in 2015. Wm. Glasheen/USA TODAY NETWORK-Wisconsin

Testimony in the mental competency phase of the trial of Brian T. Flatoff in Winnebago County Court on Monday, March 12, 2018, in Oshkosh, Wis. He was convicted of 14 felony charges, including felony murder for causing the death of Michael L. Funk while committing a crime in 2015. Wm. Glasheen/USA TODAY NETWORK-Wisconsin

Testimony in the mental competency phase of the trial of Brian T. Flatoff in Winnebago County Court on Monday, March 12, 2018, in Oshkosh, Wis. He was convicted of 14 felony charges, including felony murder for causing the death of Michael L. Funk while committing a crime in 2015. Wm. Glasheen/USA TODAY NETWORK-Wisconsin

Deputy District Attorney Scott Ceman gives an openiong statement in the mental competency phase of the trial of Brian T. Flatoff in Winnebago County Court on Monday, March 12, 2018, in Oshkosh, Wis. He was convicted of 14 felony charges, including felony murder for causing the death of Michael L. Funk while committing a crime in 2015. Wm. Glasheen/USA TODAY NETWORK-Wisconsin

Nathan Glassman, Ph.D. is sworn in during the mental competency phase of the trial of Brian T. Flatoff in Winnebago County Court on Monday, March 12, 2018, in Oshkosh, Wis. He was convicted of 14 felony charges, including felony murder for causing the death of Michael L. Funk while committing a crime in 2015. Wm. Glasheen/USA TODAY NETWORK-Wisconsin

Eva Lawson Krtanski gives testimony in the mental competency phase of the trial of Brian T. Flatoff in Winnebago County Court on Monday, March 12, 2018, in Oshkosh, Wis. He was convicted of 14 felony charges, including felony murder for causing the death of Michael L. Funk while committing a crime in 2015. Wm. Glasheen/USA TODAY NETWORK-Wisconsin

Public defender Ben Szilagyi listens to testimony in the mental competency phase of the trial of Brian T. Flatoff in Winnebago County Court on Monday, March 12, 2018, in Oshkosh, Wis. He was convicted of 14 felony charges, including felony murder for causing the death of Michael L. Funk while committing a crime in 2015. Wm. Glasheen/USA TODAY NETWORK-Wisconsin

Nathan Glassman, Ph.D. gives testimoney during the mental competency phase of the trial of Brian T. Flatoff in Winnebago County Court on Monday, March 12, 2018, in Oshkosh, Wis. He was convicted 14 felony charges, including felony murder for causing the death of Michael L. Funk while committing a crime in 2015. Wm. Glasheen/USA TODAY NETWORK-Wisconsin